Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that there now be a period of morning business with Senators permitted to speak for up to 10 minutes each.

Mr. FRIST. Mr. President, we will be finishing tonight. I say that because we will be leaving the floor tonight, but there is a lot of work going on here in the Nation's Capital as we try to bring to closure the Nation's business for this first session. So a lot of work is going on--productive work. All of our colleagues are wondering when they will be able to leave and go back to their States. The Democratic leader and I were talking about that. As soon as we have some schedule, we will let our colleagues know. I will have more to say on the schedule shortly.

Mr. FRIST

Mr. FRIST. Mr. President, this bill, the Stem Cell Therapeutic and Research Act of 2005, is a hugely important bill that is now passed and, once signed by the President, will save lives. There is amazing, remarkable work with these cord blood transplants. Cord blood is basically blood cells that are gathered from the placenta after birth. The power of these cells is truly remarkable, as we treat diseases such as leukemia, sickle cell anemia, and a range of very rare genetic disorders. This bill establishes a registry of about 150,000 units initially all over the country that people will be able to access instantaneously in order to have this tissue that will bring, literally, lifesaving therapy to individuals who are currently waiting for transplants. So it is with a great deal of pride that we pass this particular bill in the Senate.

Mr. FRIST

Mr. FRIST. I ask unanimous consent the Chair now lay before the Senate the House message to accompany S. 467, a bill to extend the applicability of the Terrorism Risk Insurance Act of 2002. The Presiding Officer laid before the Senate the following message from the House of Representatives: Resolved that the bill from the Senate S. 467 entitled `` An Act to extend the applicability of the Terrorism Risk Insurance Act of 2002,'' do pass with an amendment.

Mr. FRIST. This bill, the Terrorism Risk Extension Act, was enacted 3 years ago in the aftermath of the September 11 attacks and was intended at the time to provide temporary mechanisms to allow the marketplace to adapt after the economic dislocations that resulted from those attacks on September 11. This summer, Treasury Secretary Snow issued a report highlighting the importance of allowing private insurance companies to regain their hold in the marketplace. As the report showed, TRIA successfully bridged that gap created by the September 11 terrorist attacks and very effectively enabled the insurance marks to stabilize. The continued presence of the federally backed subsidy risked crowding out private market initiatives and slowing down, impeding the development of private market solutions. That is why I called for an extension of TRIA that was narrow, that was targeted and minimized interference with our markets. The bill we just passed achieves that goal. The taxpayers' exposure is lessened by reducing the lines of coverage subject to the Federal backstop, and the insurance industry's exposure is increased. I am gratified we passed the bill. Over the long term the Federal Government cannot be a substitute for market-based solutions. I thank Chairman Shelby and Senator Dodd for their hard work on this very important bill. It hasn't been easy, but it has now been accomplished.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now proceed to H.R 3963, just received from the House and at the desk.

Mr. FRIST. Mr. President, I ask unanimous consent that the bill be read a third time and passed, the motion to reconsider be laid upon the table and that any statements relating to the bill be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, that particular bill, the Coast Guard Hurricane Relief Act of 2005, again gives me the opportunity to comment and really praise the tremendous work that was carried out by our Coast Guard in the recent hurricanes. Many of us had the opportunity to tell them directly, both in Mississippi and in Louisiana, and thank them for their tremendous and heroic effort. We had the opportunity to witness much of that on television over those first few days after the hurricane. But to have the opportunity to look these individuals in the eyes and thank them and shake their hand has been a privilege that some of us on the floor have had. It has been a tremendous job that makes America proud.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.J. Res. 38, which was received from the House.

Mr. FRIST. Mr. President, I ask unanimous consent that the joint resolution be read a third time and passed, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the joint resolution be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Judiciary Committee be discharged from further consideration of and the Senate now proceed to S. Res. 283.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar Nos. 286, 303, and 305, en bloc. I ask unanimous consent that the committee-reported amendments be agreed to, the bills, as amended, be read a third time and passed, the motions to reconsider be laid upon the table, and any statements relating to the bills be printed in the Record en bloc.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that the Sarbanes amendment at the desk be agreed to, the bill, as amended, be read a third time and passed, the motion to reconsider be laid upon the table, and any statements relating to the bill be printed in the Record.

Mr. FRIST. Mr. President, I ask unanimous consent that the Judiciary Committee be discharged from further consideration of S. 959 and the Senate proceed to its immediate consideration.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of S. Res. 338, which was submitted earlier today.

Mr. FRIST. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motion to reconsider be laid upon the table.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 339, which was submitted earlier today.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 318, S. 1892.

Mr. FRIST. Mr. President, I ask unanimous consent that the amendment at the desk be agreed to, the bill, as amended, be read the third time and passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, I understand there is a bill at the desk that is due for its second reading.

Mr. FRIST

Mr. FRIST. Mr. President, over the next few moments I will be addressing an issue that affects potentially thousands of people today who are without therapy or who have debilitating diseases, and then begin a brief discussion on what is called the cord blood bill. The bill, broadly supported in a bipartisan way, has widespread support in the Senate, as well as in the House of Representatives. As my colleagues know, we plan to take up and debate the policy and issues related to Federal support and oversight for embryonic stem cell research early next year. And I look forward to what I know will be a full debate on the science and ethics surrounding this important research. Today, I ask consent to move forward with bipartisan legislation to encourage a technology that is producing cures and saving lives now. This legislation is needed now. Every day, patients young and old die waiting for transplants of hematopoetic cells because they can't find a suitable match. Diseases like leukemia, sickle cell anemia, and as many as 70 other blood and genetic diseases have been helped or cured by Cord blood transplants. Cord blood is a healthy byproduct of normal pregnancies, and is harvested from the placenta after the baby is safely delivered. The placental byproducts yield blood cells that are genetically immature, but have the remarkable ability to help recreate blood cells in patients who have diseases that traditionally have only helped through bone marrow transplants. This bill provides for the creation of a public inventory of 150,000 units of cord blood which is estimated to provide well matched transplants for 80-90 percent of the population in need. These are units that can be available in days, not months, with a success rate in patients as high as 80-90 percent, as compared with 40- 50 percent with traditional bone marrow transplants. Because the cells are initially less mature and more pliable there is less chance of rejection, and therefore fewer complications. In fact, over 7,000 cord blood transplants have been successfully done here in this country, and around the world. Leukemia is a devastating blood disease that has been treated by traditional bone marrow transplants. Unfortunately, although there is a large group of potential bone marrow donors in the United States and Europe, testing, harvesting and transplanting bone marrow cells can take often months, with less dependable success. Although this is important technology, cord blood transplants may provide an alternative that has already shown to be faster, safer, and potentially reach a larger group of patients affected with leukemia. Nonmalignant blood conditions such a Sickle cell and Fanconi's anemia are also devastating to those affected by the disease. Sickle cell anemia affects as many as 50,000 African Americans, while many more are carries of the disease. Although very few unrelated cord blood transplants have occurred, the success has been staggering-- Sickle cell anemia can be cured. Krabbe's disease is a genetic disease that affects only 1 in 100,000, but as many as 1 in 125 Americans are carriers of the genetic deficiency. To date more than a dozen patients have had a cord blood transplant and have been cured of the disease. Passage of this bill is especially important for minorities. For example, African American patients have the lowest success rate in getting a transplant from an unrelated bone marrow donor. A long time member of my staff, Cornell Wedge, experienced this first hand. His brother, Robert Wedge Sr., was diagnosed with leukemia and in spite of sibling typing and numerous bone marrow drives aimed at increasing minority donation, his brother passed away still waiting for a match. While tragic, this is not uncommon. It can take months to properly screen, match, test and retest potential donors of traditional bone marrow transplant recipients. Once we establish and collect a national cord blood inventory, we can significantly increase the chance of every individual in need to obtain a nit for transplantation. Furthermore, because of the relative immaturity of cord blood, rejection of the transplants are fewer and less severe. I want to thank my colleagues, Senators Hatch, Burr, Ensign, Brownback, Dodd and Reed for spearheadng the effort to produce a bipartisan bill with broad support. The House of Representatives passed H.R. 2520 with overwhelming bipartisan support. Furthermore, Chairman Enzi and others in the Senate have worked in a bipartisan manner to achieve the compromise language represented in the bill as reported out of committee. I'm told the House will move quickly on this bill as soon as the Senate completes action. There is no question that this issue enjoys broad bipartisan support in the Senate. We have a responsibility to authorize this program and provide appropriate guidance regarding the establishment of the program. I will let my colleagues discuss the specifics of the legislation, but I must ask, how can we deny any longer the many patients waiting today to find that match? Indeed, the patients don't understand. This is literally a matter of life and death. Proverbs 27:3 says ``Do not withhold good from those who deserve it when it is in your power to act.'' It is within our power to act.'' And I hope we do. We have a responsibility in this body to authorize this program and provide appropriate guidance so we can establish this program and get it up and running. There may be several of my colleagues who want to comment on the specifics of the program. I will ask consent at this point and hope that we do get agreement and then further comments can be made. I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 256, H.R. 2520, the cord blood bill. I ask unanimous consent that the amendment at the desk be agreed to, the bill, as amended, be read a third time and passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the Record.

Mr. FRIST. Mr. President, reserving the right to object to the request for a modification, all of these issues are critically important to promoting the health and welfare of patients as we look to the future, especially with embryonic stem cells, diseases that occur today. But it is going to take some while to have the research fully developed to be able to apply it. I believe it has huge promise, as I have said on this floor many times. The reason I feel strongly about separating the bills now is that bill is contentious in the sense that it is going to take a lot of debate. This is the embryonic stem cell bill that my distinguished colleague from Iowa refers to. It is going to take some time that I will give on the floor of the Senate early in the year and have committed to do so because of its importance. It is important to address that in order for that research to be amplified. Much of that research needs to be amplified for cures that may occur 5 or 10 years down the road. The reason I feel strongly, since there is probably unanimous consent on the substance of this bill, that we should move ahead is that we can benefit people who are dying today from diseases such as Fanconi's anemia, diseases such as a whole range of leukemias, childhood leukemia especially, where cord blood is so particularly powerful, diseases such as Krabbes, a pretty rare disease for which there is no treatment today except for the therapy that is applied in terms of cord blood. The reason I think we can justify, and should justify, separating these bills is that we all agree on the substance. It is a good bill. The leadership of Senator Harkin and Senator Specter have brought us to the point that funding has begun. But now is the time to make this registry available nationwide. The one problem with cord blood today is that it is powerful. It is more powerful than a regular bone marrow transplant, but the quantity that you get out of the placental byproducts has to be accumulated. You need to accumulate it from several different sources. But you do have to have a degree of genetic matching. Therefore, the only way to take advantage of it is to have a national registry where you can go to a computer and see where it is all over the country. Then you pull it together to treat a child who is dying from leukemia today. Therefore, action on this bill will save lives, literally. We always exaggerate. A lot of people exaggerate the politics about saving lives in a lot of legislation we do. But I do believe that by establishing the registry and the communications network, which has not been done in spite of the funding, we can have a dramatic impact. Since we have the House bill, we have the bill that we are requesting today, and I have assurances that the House will deal with it before we leave in the next 48 hours, we literally can pass a bill that we all agree upon. There are a number of other bills. One is the embryonic stem cell bill. But there is an alternative therapy bill. There are a whole range of bills that are very important that we need to take up that are going to take several days on the floor to look at ethical and scientific issues. We are committed to doing that in the early part of the year. This is an important topic, and that is why I will object to the modification because I believe the embryonic stem cell does deserve more thought than we can possibly give it in the next 48 hours.

Mr. FRIST

Mr. FRIST. Mr. President, today marks a proud and momentous day in Iraq's history. Today, on December 15, 2005, 15 million registered voters will go to the polls to choose their first permanently elected government in modern Iraqi history. Along with them, Iraqis from all around the world will cast their votes for freedom, for Iraq's future--including Iraqi Kurds in my home town of Nashville, Tennessee. As it so happens, Nashville is home to the largest Kurdish population in the United States of approximately 8,000 Iraqi expats. This past January, over 3,000 of our Kurdish neighbors voted in the historic January 30 elections which put Iraq on the road to independent, democratic self-rule. Tennessee election organizers predict that the turnout for today's vote will be double that number. Iraqis from all around the region are converging on Nashville to cast their votes in solidarity with their brothers and sisters of their native land. Susan Dakak, whose family moved from Baghdad to Tennessee 27 years ago, tells the Chattanooga Times Free Press, ``This is a dream come true. I never thought in my life that Iraq would get to where it is politically.'' Susan and her husband, Janan, plan to travel from Knoxville to Nashville, and they plan to bring their 9-year-old son with them to witness the personal and historic moment of casting their ballots as free citizens. And as Susan understands, her vote is not just for her birth country, but for her adopted country, as well. Susan and Janan's votes, along with the millions of Iraqis voting today, are critical to helping defeat the terrorists and vanquishing their violent aspirations. As Susan explains: This will be the beginning of the end of all of the violence. The new Iraqi government will know that it will be their responsibility to clear the terrorists out of the country. In the short run, today's broad participation will further isolate the terrorists and constructively engage Iraqis across ethnic and sectarian lines. And in the long run, a peaceful, united, stable and secure democracy in the heart of the Middle East will expose the brittle and intolerable tyranny of the terrorist enemy. And it is precisely this outcome that our terrorist enemies fear. Early in the conflict, a letter from Al Zarqawi was intercepted by coalition forces. In it, he wrote that a free and prosperous Iraq would reject his vision of a medieval, fundamentalist state. He recognized that if Iraqis became accustomed to self-determination and self-rule, they would refuse to submit to a tyrant and they would reject his extreme interpretation of Islam. Furthermore, Iraq would become a model for the entire Middle East region, driving out extremism and heralding in moderation and peace. Al Zarqawi understands the power of freedom. That is why he is bent on its destruction. But as this remarkable year of steady progress has proven, he cannot and will not succeed. The desire of freedom is too strong and its logic is too irreducible. Democracy is on the march and today 15 million Iraqis are heading to the polls. Once again, they are showing the world their extraordinary courage and determination to join the modern, free world. America pledges to stand with the Iraqi people in that worthy effort as they strive to secure the blessings of liberty. As Tahir Hussain, president of the Nashville Kurdish Forum, told a Tennessee paper on this week: We say that everybody should have a voice in Iraq, and everybody should be equal. And today is the day.

Mr. FRIST

Mr. FRIST. Mr. President, we will begin consideration of the Labor- HHS conference report directly, with Senator Harkin controlling the first 90 minutes. At the conclusion of that time we will return to the PATRIOT NOTICE If the 109th Congress, 1st Session, adjourns sine die on or before December 20, 2005, a final issue of the Congressional Record for the 109th Congress, 1st Session, will be published on Friday, December 30, 2005, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT-60 or S-123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Thursday, December 29. The final issue will be dated Friday, December 30, 2005, and will be delivered on Tuesday, January 3, 2006. Both offices will be closed Monday, December 26, 2005. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Record@Sec.Senate.gov''. Members of the House of Representatives' statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http://clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT-60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512-0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. TRENT LOTT, Chairman. Act conference and have a period of debate for the next 2 hours. We will recess at approximately 12:30 until 2:15, for a weekly policy luncheon. At 2:15 we will have another block of time equally divided until 3:30. At 3:30 we have a stack of rollcall votes ordered on the remaining four motions to instruct conferees relative to the spending reduction bill. Those will be the first votes of the day. After that fourth vote, conferees will be named to that reconciliation measure. We will likely schedule additional votes in that 3:30 sequence and we will announce those votes as they are ordered. I will have more to say on schedule as we proceed over the course of the day, both for the remainder of the day, this evening, this week, and possibly this weekend. In the meantime, I will continue to remind Senators and ask that they do remain available over the course of the day and keep their schedules flexible for these votes. I yield.

Mr. FRIST

Mr. FRIST. Mr. President, I suggest the absence of a quorum.